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Apr 22, 2013
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i know he's got his view of senator lindsey graham's comments. i welcome judge napolitano, senior judicial analyst for fox news. judge, do we designate this guy enemy combatant or treat him through the criminal justice system? >> well, first good evening, governor. it's a pleasure to be on your show. thanks for having me. senator graham is well known to many of us at fox. he's also a friend of mine. no one can question his motivation. but we'll start with a couple of basics. the first is that the constitution is the supreme law of the land. how do we know that? it says it in the constitution. the second is everybody who works for the government -- you did this when you were the governor of a, i di arkansas, in i was a superior court of new jersey -- takes an oath. the proper procedure here is to prosecute the surviving of the two brothers in the federal district court, probably not in boston. i don't know how he can get a fair trial in boston, but in some federal district court somewhere that has jurisdiction over these crimes. remember, tim mcve
i know he's got his view of senator lindsey graham's comments. i welcome judge napolitano, senior judicial analyst for fox news. judge, do we designate this guy enemy combatant or treat him through the criminal justice system? >> well, first good evening, governor. it's a pleasure to be on your show. thanks for having me. senator graham is well known to many of us at fox. he's also a friend of mine. no one can question his motivation. but we'll start with a couple of basics. the first is...
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Apr 22, 2013
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i think gram gram overstated the argument, you're right. -- lindsey graham. you're a terrorist attempting to be member of a sleeper cell it is unclear you will necessarily surface as this proposed new law requires you to do and make yourself known to authorities. on the other hand here is the ironic thing. in a way the bill could make us safer from this perspective. the two brothers came here when their family came here. their family came here look like they had other families already here. the parents of two the brothers had a brother, their uncle already here in the united states and they therefore appear like they might have come here, they got extra points for already having relatives here in the united states. this is called chained migration. if you got a family member here, whether it is an uncle, an aunt, father, mother, grandfather, cousin, whatever, you get a little bit extra oomph in the line in order to get here and the new law being proposed by the "gang of eight" would dial back immigration based on family considerations and dial up immigration
i think gram gram overstated the argument, you're right. -- lindsey graham. you're a terrorist attempting to be member of a sleeper cell it is unclear you will necessarily surface as this proposed new law requires you to do and make yourself known to authorities. on the other hand here is the ironic thing. in a way the bill could make us safer from this perspective. the two brothers came here when their family came here. their family came here look like they had other families already here. the...
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Apr 22, 2013
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lindsey graham actually wrote the law. i mean, he wrote the act and they don't go to military commissions. i think we are talking apples and oranges here. >> we have a lot of confusion here. this is where i disagree with juan. cases going back to the civil war. the president has the authority to declare somebody an enemy combatant. all that means when you talk to them. anything they tell you in the context of intelligence gathering cannot be used against them in a court of flaw a criminal proceeding. that's what the constitution says is that you have a right not to be compelled to incriminate yourself in a criminal proceeding. intelligence gathering thing there are all sorts of ways where you wall off what you get from his intelligence gathering. not poison a criminal case and every lawyer that has looked at this has said they don't need a confession from this guy. they have so much evidence that the idea that somehow if he tells them something he might get off no one thinks that's a possibility. i think, you know, jane ha
lindsey graham actually wrote the law. i mean, he wrote the act and they don't go to military commissions. i think we are talking apples and oranges here. >> we have a lot of confusion here. this is where i disagree with juan. cases going back to the civil war. the president has the authority to declare somebody an enemy combatant. all that means when you talk to them. anything they tell you in the context of intelligence gathering cannot be used against them in a court of flaw a criminal...
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Apr 23, 2013
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senator lindsey graham republican of south carolina is a member of the judiciary committee and stepped out of a hearing to join us. nice to have you back on the program. >> thank you very much. jenna: let's talk a little bit about what you had to say about radical islam. you say yo we need to up our game. what specifically do you mean by upping our game against radical islam. >> the first thing we need to do is reject the narrative of this administration that osama bin laden is dead, the wars are receding and we are all safe. they've been trying to suggest since the death of osama bin laden that al-qaida is basically being dismantled, and the wars are receding. what i mean by upping our game? making sure that when the ambassador in libya tells the state department, and the department of defense, that al-qaida flags are flying over benghazi, i can't defend my consulate against a coordinated attack, that you do something about it. that when a consulate is under attack an and ambassador is missing for seven and a half hours you have the ability to go to their rescue, and after the fact yo
senator lindsey graham republican of south carolina is a member of the judiciary committee and stepped out of a hearing to join us. nice to have you back on the program. >> thank you very much. jenna: let's talk a little bit about what you had to say about radical islam. you say yo we need to up our game. what specifically do you mean by upping our game against radical islam. >> the first thing we need to do is reject the narrative of this administration that osama bin laden is...
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Apr 20, 2013
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i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not have the spectacle of this trial having to take place in boston or some other place where they would change venue. >> are you sure about military court? as i understand, it was for noncitizens and for foreign nationals. >> if a citizen becomes part of the war effort against the united states -- let's take an example like this. let's take the second world war. let's say an american citizen went to germany and joined the nazi army and invaded the united states, we could try that person in a military court. now, the nature of this war is so ambiguous, you're going to get a
i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not...
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Apr 22, 2013
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lindsey graham says we need to up our game. we're still at war. now there's the big debate on spending right now. is this the time that to cut homeland security spending or to go after that budget or what is your view on that? because you know for two years now you've been talking about debt and deficit spending. and in this sense it all ties back together. >> well, what's driving our spending and driving our debt is the fact that there are 10,000 baby boomers like me retiring every day. 70,000 this week. 3.5 million this year. social security, medicare, there is no money there in those fund. it has all been spent. people are living longer, accessing medicaid. so the real drivers of the debt primarily are our big entitlement programs that won't survive in their current form unless we make some changes. so it has got, it really has nothing to do with what we call the discretionary spending pot. bill: understood. homeland security spending is not touched? >> we have the sequester because the president won't get serious about solving our big spending
lindsey graham says we need to up our game. we're still at war. now there's the big debate on spending right now. is this the time that to cut homeland security spending or to go after that budget or what is your view on that? because you know for two years now you've been talking about debt and deficit spending. and in this sense it all ties back together. >> well, what's driving our spending and driving our debt is the fact that there are 10,000 baby boomers like me retiring every day....
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Apr 22, 2013
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some g.o.p.makers, including lindsey graham, say doing so may help theofeds gather evidence. a little more than ten minutes ago cities and towns across the country joined boston in a moment of silence. >> shepard: the terror attack killed three people and wounded more than 170 others. for ten of the victims the bombings cost them an arm or leg. we have team fox coverage. adam houseley at the hospital where the suspect is in'm custody. first congratulate ran, this debate, what is this? >> republicans senator lindsey graham who wrote the military commissions act said, just like the administration, there is no option to pursue a military trial for dzhokar tsarnaev because he is an american citizen. but there's another legal option to clear the 19-year-old enemy combatant or enemy belligerent for purpose of evidence gathering. >> under the law of war there's no right to legal counsel when you're being questioned for national security purposes. so i hope the obama administration will allow that exception and they have a very bad track record here. >> the white house telling report
some g.o.p.makers, including lindsey graham, say doing so may help theofeds gather evidence. a little more than ten minutes ago cities and towns across the country joined boston in a moment of silence. >> shepard: the terror attack killed three people and wounded more than 170 others. for ten of the victims the bombings cost them an arm or leg. we have team fox coverage. adam houseley at the hospital where the suspect is in'm custody. first congratulate ran, this debate, what is this?...
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Apr 21, 2013
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i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not have the spectacle of this trial having to take place in boston or some other place where they would change venue. >> are you sure about military court? as i understand, it was for noncitizens and for foreign nationals. >> if a citizen becomes part of the war effort against the united states -- let's take an example like this. let's take the second world war. let's say an american citizen went to germany and joined the nazi army and invaded the united states, we could try that person in a military court. now, the nature of this war is so ambiguous, you're going to get a
i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not...
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Apr 20, 2013
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graham and others -- >> martha: do you expect this administration to do that? >> no, because they've stated they will not hold american citizens indefinitely, even though -- >> martha: that's established under the supreme court -- >> the defense authorization act of 2012, they can. there have been statements by the president that they wouldn't enforce it. but if they wanted to enforce it, they could at this point. this will become a subject of debate. what's best for america? hold them forever or try them? let's see what happens. >> martha: as always, great to have you. >> good to see you. >> martha: bill? >> bill: martha, there is still -- they're still collecting evidence on boylston street. we saw the haz-mat suits on a short time ago. that process still continues. boston shows its resilience. the residence come out cheering the efforts of police and the investigation. as that continues, too, the applause from last night will be memorable in this city's long and historic tradition. [ cheers and applause ] >> usa! usa! usa ! >> bill: all right. welcome back h
graham and others -- >> martha: do you expect this administration to do that? >> no, because they've stated they will not hold american citizens indefinitely, even though -- >> martha: that's established under the supreme court -- >> the defense authorization act of 2012, they can. there have been statements by the president that they wouldn't enforce it. but if they wanted to enforce it, they could at this point. this will become a subject of debate. what's best for...
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. >> but senator lindsey graham said the fbi claimed to know nothing, yes, nothing about the trip and tonight the fbi and homeland security briefing lawmakers. congressman jason chase is on the house homeland security committee. he joins us. nice to see you, sir. >> thanks, greta. >> can you clarify or do you know whether or not he mentioned going out of the united states? there's some confusion over what senator lindsay graham said and what the secretary said. >> i don't know what the secretary means when she said ping. what is clear to me from my past experience, the united states of america has no viable entry-exit system. we aren't able to track people as they leave and depart the country and when they come back in the country. sometimes we can see them and have visibility when they are traveling via air burke as we are seeing on the southwest border and up in canada, that's a real problem. when she says ping, against what? that's the key question. >> it must be when he boarded the plane using the passport. must be some manifest i would assume there's some database at that point b
. >> but senator lindsey graham said the fbi claimed to know nothing, yes, nothing about the trip and tonight the fbi and homeland security briefing lawmakers. congressman jason chase is on the house homeland security committee. he joins us. nice to see you, sir. >> thanks, greta. >> can you clarify or do you know whether or not he mentioned going out of the united states? there's some confusion over what senator lindsay graham said and what the secretary said. >> i...
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>> let me give a shout-out to marco rubio and john mccain and lindsey graham who aren't backing down. some free advice to the republican party. republican party lost the hispanic vote. if there isn't some effort to reach out for a lot of the people who live in this country you can kiss off any chance, bill, for any foreseeable future -- >> chris: yeah, bill. [ laughter ] let me say on bill's defense he is pro-immigration reform. >> i'm more skeptical of it now than i was six or seven months ago for this reason, with all due respect. let's have serious public policy arguments about this and begin asking how this man who has been reported to the f.b.i. in 2011, went abroad six or seven months came back and had russian passport. and no problem at all. maybe someone should look at that and look at the border security before we move ahead with 880-page immigration bill. >> the bill is based on border security. >> would it help -- >> we should ask these questions and we should maybe have more detailed questions asked for people who come from certain countries, yes. >> we agree on that. >> c
>> let me give a shout-out to marco rubio and john mccain and lindsey graham who aren't backing down. some free advice to the republican party. republican party lost the hispanic vote. if there isn't some effort to reach out for a lot of the people who live in this country you can kiss off any chance, bill, for any foreseeable future -- >> chris: yeah, bill. [ laughter ] let me say on bill's defense he is pro-immigration reform. >> i'm more skeptical of it now than i was six...
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Apr 21, 2013
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>> let me give a shout-out to marco rubio and john mccain and lindsey graham who aren't backing down. some free advice to the republican party. republican party lost the hispanic vote. if there isn't some effort to reach out for a lot of the people who live in this country you can kiss off any chance, bill, for any foreseeable future -- >> chris: yeah, bill. [ laughter ] let me say on bill's defense he is pro-immigration reform. >> i'm more skeptical of it now than i was six or seven months ago for this reason, with all due respect. let's have serious public policy arguments about this and begin asking how this man who has been reported to the f.b.i. in 2011, went abroad six or seven months came back and had russian passport. and no problem at all. maybe someone should look at that and look at the border security before we move ahead with 880-page immigration bill. >> the bill is based on border security. >> would it help -- >> we should ask these questions and we should maybe have more detailed questions asked for people who come from certain countries, yes. >> we agree on that. >> c
>> let me give a shout-out to marco rubio and john mccain and lindsey graham who aren't backing down. some free advice to the republican party. republican party lost the hispanic vote. if there isn't some effort to reach out for a lot of the people who live in this country you can kiss off any chance, bill, for any foreseeable future -- >> chris: yeah, bill. [ laughter ] let me say on bill's defense he is pro-immigration reform. >> i'm more skeptical of it now than i was six...
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Apr 24, 2013
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we'll talk to senator lindsey graham about this. he is coming up later this hour. bill: meanwhile, martha, a lawyer for tamerlan's widow, american widow is assisting and cooperating in the investigation. her family, the russell family in massachusetts, struggling to come to terms with his alleged involvement. this statement released through her attorney just late yesterday. >> the reports of involvement by her husband and brother-in-law came as an absolute shock to them all. as a mother, a sister, a daughter, a wife, katie deeply mourns the pain and loss to innocent victims, students, law enforcement officers, families, and our community. in the aftermath of this tram did i she, her daughter, and her family are trying to come to terms with this event. bill: so now we're piecing this together the following way. we hear that russell last saw her husband on thursday, only hours before he died in a gunbattle with police in cambridge, massachusetts. she was handing off their 2-year-old daughter to stay with him while she went to work. again, that was thursday of last we
we'll talk to senator lindsey graham about this. he is coming up later this hour. bill: meanwhile, martha, a lawyer for tamerlan's widow, american widow is assisting and cooperating in the investigation. her family, the russell family in massachusetts, struggling to come to terms with his alleged involvement. this statement released through her attorney just late yesterday. >> the reports of involvement by her husband and brother-in-law came as an absolute shock to them all. as a mother,...
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Apr 23, 2013
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. >> what i thought was interesting, if i understand senator lindsey graham correctly, is what he was proposing is by making him an enemy combatant, that he would be turned over to the military to be questioned for a period, 30 days, and whatever he said during that 30 days could not be used against him when he gets turned back over for a federal trial. i think that's what he said. you know, which is different than what i think some people thought he meant originally. but anyway, i also thought it was interesting that the defendant is, according to the magistrate, and we have a copy of the transcript from the court hearing today, is that he is alert, mentally competent, and lucid. they did talk to him a little bit. i guess they might have got some information out of him the last day or so, would you expect? >> you know, i think what we have to do here, greta, as you are pointing out, is to separate the whole notion of what would be admissible in a criminal trial. i think there's very little doubt that he will be found guilty in a criminal trial; that he very likely will receive the de
. >> what i thought was interesting, if i understand senator lindsey graham correctly, is what he was proposing is by making him an enemy combatant, that he would be turned over to the military to be questioned for a period, 30 days, and whatever he said during that 30 days could not be used against him when he gets turned back over for a federal trial. i think that's what he said. you know, which is different than what i think some people thought he meant originally. but anyway, i also...
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Apr 22, 2013
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lindsey graham was on of the chat shows yesterday, said absolutely. this guy is not a common criminal. he was out to kill americans. what do you think? enemy combatant? >> well, there are some people who think that enemy commits an act of terrorism should be tried in our criminal carts and others think they should be designated as enemy combatants. it's complicated question and seems to me what this administration should be looking at is what is the best way to get this person -- to bring him to justice, and also the best route to insure that we get the best information we can because that information could be helpful in prehave noting additional attacks in the future and that could provide answers which could bring some measure of closure to the victims as the families. i suspect what's going on now is you're having a talk in the administration looking at all the information and deciding what's the best way to treat both of those objectives. >> steve: at this point it sounds like what the government is doing is using the public safety exemption where
lindsey graham was on of the chat shows yesterday, said absolutely. this guy is not a common criminal. he was out to kill americans. what do you think? enemy combatant? >> well, there are some people who think that enemy commits an act of terrorism should be tried in our criminal carts and others think they should be designated as enemy combatants. it's complicated question and seems to me what this administration should be looking at is what is the best way to get this person -- to bring...
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she told lindsey graham something totally different. what is going on with this cabinet secretary? >> clearly it doesn't work when you have a bombing at the boston marathon and these people are dead and some injured. the system is designed to prevent something like that from happening. so it would be horrible to say the system worked. if you want to say law enforcement afterwards did a good job, i'm all for that. i think they did a fabulous job in catching the guys as quickly maybe as they could. but before hand, the system did not work. now, is that just because of it's so difficult to follow these things or were there specific things they could have done to prevent it? that's a serious question to be asked. >> brian: to finish up, we know the deputy f.b.i. director told senator graham that they misspelled his name, they had no record he was going over there. therefore, there was neaping. the homeland security -- pinging. napolitano says there was a ping. that bothers me that they're not on the same page. i'm not even judging them. but as a person who is an expert in leadership, w
she told lindsey graham something totally different. what is going on with this cabinet secretary? >> clearly it doesn't work when you have a bombing at the boston marathon and these people are dead and some injured. the system is designed to prevent something like that from happening. so it would be horrible to say the system worked. if you want to say law enforcement afterwards did a good job, i'm all for that. i think they did a fabulous job in catching the guys as quickly maybe as...
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Apr 23, 2013
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graham and janet napolitano. we will get into it more later. the gist of it is why didn't we know about tamerlan's trip to russia, given the fact that he had been -- he had been, you know, asked questions already by the fbi, and at one point janet napolitano in this hearing today suggested, well he pinged on the way out. we picked him up on the way out. mike levine sailed he was on a very large watch list not a terror watch list that doesn't have a whole lot of significance. the big thing here, bob is are we doing what we need to be doing in terms of keeping track of people who have been on the radar in this country, or are we throwing up our hands and saying we can't find anything on them so we are done with that. >> this is the third time the fbi has let people slip through their fingers. they interviewed the guy before he went to russia. then he went to russia in an area near chechnya and he was there for six months. at that point it would seem to me it would trigger something, somewhere along the line. martha
graham and janet napolitano. we will get into it more later. the gist of it is why didn't we know about tamerlan's trip to russia, given the fact that he had been -- he had been, you know, asked questions already by the fbi, and at one point janet napolitano in this hearing today suggested, well he pinged on the way out. we picked him up on the way out. mike levine sailed he was on a very large watch list not a terror watch list that doesn't have a whole lot of significance. the big thing here,...
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. >> steve: a lot of people, including lindsey graham r upset. some of the things that were detailed in the complaint came to us from the guy whose car was carjacked. for instance, you probably heard at one point one of the brothers said they were the boston marathon bombers and they wouldn't kill him because he was an american. so in other words, had it have been an american behind the wheel, they probably would have killed him. also, according to the guy who had the mercedes suv hijacked at gun point, at some point the brothers were talking about manhattan. keep in mind, they were talking in russian, so all he could pick up was manhattan. me they also had other bombs. were they headed somewhere else for a second wave? don't know. one other point and that's how were they able to track the car to watertown? the guy who was carjacked left his phone in the vehicle. they pinged it and that's how they found it. >> gretchen: why would they do this? we never really know why because it never makes sense, other than it looks like religion is the reason.
. >> steve: a lot of people, including lindsey graham r upset. some of the things that were detailed in the complaint came to us from the guy whose car was carjacked. for instance, you probably heard at one point one of the brothers said they were the boston marathon bombers and they wouldn't kill him because he was an american. so in other words, had it have been an american behind the wheel, they probably would have killed him. also, according to the guy who had the mercedes suv...
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john mccain, kelly ayotte, and lindsey graham, peter king think he should be enemy come pattant to allow the feds hold him without attorney and without rights afforded being an american citizen, such as the right to remain silent and right to counsel. graham told fox news it's necessary to protect our nation. >> it would be a shame and frankly unconscionable for our nation to deny our intelligence community, f.b.i., c.i.a. and others access to this pair of suspects to find out where they went and who they know and about future plots. so that's why i've been urging the obama administration to hold him as potential enemy combatant to continue the dialogue apart from the criminal case. >> reporter: on the other hand this has potential to become a political hot potato. the service of the democratic senator carl levin says the suspect should not be held as enemy combatant and says he opportunity see the evidence that tsarnaev is part of organized group and not a legal basis for him to be held as enemy combatant. back to you. >> alisyn: thank you. >> clayton: do the boston bombing suspect expo
john mccain, kelly ayotte, and lindsey graham, peter king think he should be enemy come pattant to allow the feds hold him without attorney and without rights afforded being an american citizen, such as the right to remain silent and right to counsel. graham told fox news it's necessary to protect our nation. >> it would be a shame and frankly unconscionable for our nation to deny our intelligence community, f.b.i., c.i.a. and others access to this pair of suspects to find out where they...